YSK: Medical Debt cannot be sent to collections

Collections agencies need to provide you with an itemized list of what you owe and to who.

If a hospital gives out this information, especially if they didn't even try to collect it themselves, they have violated HIPPA.

Will a collections agency give you a document proving they vioated HIPPA? No. Do you owe debts on something w/o receipts? No.

Girlikecupcake,

Where are you going where you aren't required to sign a financial disclosure allowing for the relevant information to be sent to whatever service is used to collect payment? I haven't been to a single doctor's office, urgent care, or hospital in several years that didn't require me signing a form consenting to that.

Collections also doesn't need to provide an itemized list of every detail you owe for, not in the way you're implying at least. They're not about to say "you owe the hospital $20 for an aspirin." They can, however, say "you owe [this hospital] [this dollar amount] for services on [this date]." The itemization they're required to give is the current debt, any fees and interest, and any payments or credits made on it. That's straight from CFPB.

projectazar,
projectazar avatar

Yeah people do not trust this YSK. Your medical debt more than likely can and will be sent to collections. You may have certain FDCA or general consumer protection rights associated with that collection, including potential HIPAA violations, but that isn't going to stop your debt being sent to collections.

This doesn't get into the fact that many hospitals do not have to sell their medical debt to hire a collections agent to recover the debt for them. "Sent to collections" does not necessarily mean the debt is sold and you can still be pursued by debt collectors acting on behalf of the original creditor.

Do not trust random, and very wrong, Internet posters.

Zuberi,

I've never signed away my HIPPA rights to a hospital lol

Velkas,

This is false. It can be sent to collections lol. When it's sent to collections, it is not itemized. The collections agency that "purchases" your collections does not receive an itemized list of things you're charged for, they just receive an amount.

Source: Personal experience. Lol

Zuberi,

I would never pay a debt without information about what is owed. 0 chance that holds up. They just hope you're not smart enough.

berkeleyblue,
@berkeleyblue@lemmy.world avatar

Not sure of the situation in the US but here in Switzerland collections companies are probably the shadiest bunch of tryhards you can find. They’ll straight up lie to you, bully you into paying stuff you don’t owe and there’s basically no real oversight. It’s quite a problem and our politicians seem unwilling to do anything and if you tell the people here that you need to do something to protect people from debt collect, they go the old shaming route.

All of that, keep in kind, in a ststem where I can go straight to the goverment, with basically no proof of anything, pay 40.- tell them how much I think someone once me and they will send that person a very stern worded letter comanding them to pay that, tell them why they should not pay it and if you don’t react or pay it lands before a court. All those things are also put into a register that new landlords and sometimes even employers wanna see from you. And if someone wrongfully sends you one of these or you actually pay them, they will still be in that register and fuck you over for the next 5 years.

So we don’t need debt collectors yet those cockroaches still rake in millions if not billions every year in what is basically extortion.

Zuberi,

They are similar in the states. They will lie at the drop of a dime. They cannot hold medical debt against you. It's VERY easy to dismiss this kind of shit.

Spitfire,
@Spitfire@pawb.social avatar

I’m pretty sure this isn’t true. I think there’s a time period before they can send to collections and they have to try and get it from you directly first, but don’t quote me on that.

I’ve personally had a medical debt sent to collections on me after they sent the bill to the wrong address repeatedly.

Liontigerwings,
clueless_stoner,

Hello there. Please see rule 3, and let's just be more careful before posting next time :)

iAmTheTot,
iAmTheTot avatar

Yeah, not going to trust the advice of someone who doesn't even know it's HIPAA.

Zuberi,

?

iAmTheTot,
iAmTheTot avatar

You continue to call it HIPPA. It's HIPAA. It's enough to tell me that you don't have a clue what you're talking about.

lamentforicarus,

This is absolutely false information. Third party business associates are considered covered entities under the Privacy Rule. The hospital signs a contract with a collection agency and thus that business can now access your health information as an institute of the hospital. You don't need to sign away your rights if it is considered an essential activity of the hospital, which billing and payments are. Also, it's HIPAA.

And you aren't being treated anywhere without signing a privacy HIPAA notice.

Zuberi,

Asking a patient to sign away their HIPPA rights is illegal

lamentforicarus,

No, no one care force you, but it is a requirement for treatment. You cannot have continuity of care without signing a HIPAA privacy notice, which you absolutely will if you are seeking treatment voluntarily. TPAs do not require a signature from you because billing is an integral part of healthcare administration and, thus, their services falls under covered entity by way of the health system you are using. It is abundantly clear you don't know what you are talking about. You cannot even write HIPAA correctly. Do you even know what it stands for or why it exists?

Vinegar, (edited )
Vinegar avatar

As everyone else has confirmed - the title is incorrect, medical debt absolutely can be sent to collections

What OP likely misunderstood is the practice of validating a debt - this is not a loophole to get out of paying your debts, this is a basic legal protection to prevent collection agencies from fraudulently or mistakenly pursuing invalid debts. When you get a bill in the mail from a collections agency you can request that the agency validate the debt, and they will have to formally provide the following information before you are required to repay the debt:

A collector has to give you “validation information” about the debt either when they first communicate with you or within five days of the first contact. The collector has to include the following

  • [collection agency's] name and mailing address
  • the name of the creditor you owe it to
  • how much money you owe, written out to include interest, fees, payments, and credits
  • what to do if you don’t think it’s your debt
  • your debt collection rights, including your right to get information about the original creditor if you ask for it within 30 days of getting validation information from the collector

Federal Trade Commission - Consumer Advice - Debt collection FAQ

Zuberi,

"the name of the creditor you owe it to" HIPPA Violation #1

TheDeadGuy,
TheDeadGuy avatar

This is a great example why seeing downvoted is an important feature, people just upvote without fact checking

_MoveSwiftly,

Could you please add a “Why YSK:”? It’s rule #2. It's also helpful for readability, and informs readers about the importance of the content. Thank you. :)

Zuberi,

Done

greatwhitebuffalo41,
@greatwhitebuffalo41@slrpnk.net avatar

This is why most hospitals and such have their own internal collections.

Zuberi,

Good luck affecting my credit w/ an internal system

dan1101,
@dan1101@lemmy.world avatar

Is this actually true or just something that is technically but not effectively true?

SquishyPandaDev,
@SquishyPandaDev@yiffit.net avatar

Think, not a lawyer, it's not effectively true. Collection doesn't need medical records, they just need a number to go after. Hell collections don't even need to prove you have the debt they are going after, they can still go after you. Lots of stories of people paying off debt and still getting calls about it

Zuberi,

When you get a bill in the mail from a collections agency you can request that the agency validate the debt, and they will have to formally provide the following information before you are required to repay the debt:

[collection agency’s] name and mailing address

the name of the creditor you owe it to

how much money you owe, written out to include interest, fees, payments, and credits

what to do if you don’t think it’s your debt

your debt collection rights, including your right to get information about the original creditor if you ask for it within 30 days of getting validation information from the collector

half_built_pyramids,

Even a cursory Google proved this one isn't just wrong, but super wrong.

Patients and their families are contacted by debt collectors about medical bills more than any other type of debt, and it commonly results in negative information appearing on credit records. In fact, in 2021, 43 million people had allegedly unpaid medical bills on their credit reports.

https://www.consumerfinance.gov/about-us/blog/medical-debt-anything-already-paid-or-under-500-should-no-longer-be-on-your-credit-report/#:~:text=Patients%20and%20their%20families%20are,bills%20on%20their%20credit%20reports.

Zuberi,

This is true. It can't be sent to collections lol. When it's sent to collections, it needs to be itemized. The collections agency that "purchases" your collections will require an itemization of what is owed.

alejandro,

Is this a “just trust me bro”, or do you have a reputable source to back up what you’re saying?

VindianaJones,

Almost certainly flatly untrue. Medical debt in the US goes to collections agencies all of the time. According to the CFPB, consumer credit debt from credit records totals around $88B USD. If this was some sly loophole, someone would have figured it out and won in court by now.

This seems like bad advice at best and actively harmful at worst.

Zuberi,

People "win" and get medical debt dismissed all the fucking time. HIPPA doesn't fuck around.

  • All
  • Subscribed
  • Moderated
  • Favorites
  • youshouldknow@lemmy.world
  • ngwrru68w68
  • rosin
  • GTA5RPClips
  • osvaldo12
  • love
  • Youngstown
  • slotface
  • khanakhh
  • everett
  • kavyap
  • mdbf
  • DreamBathrooms
  • thenastyranch
  • magazineikmin
  • megavids
  • InstantRegret
  • normalnudes
  • tacticalgear
  • cubers
  • ethstaker
  • modclub
  • cisconetworking
  • Durango
  • anitta
  • Leos
  • tester
  • provamag3
  • JUstTest
  • All magazines